04/14/2004 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Richard Kearney 2 Board of Appeals SP-04-56 elevation, which at present, does not exist as such. They will meet the current setback requirements with the exception of the wetlands setback, whereby the Conservation Commission has approved the project. The proposed lot coverage will be 14%. The Board reviews the plans at length and initially feels they need to see pictures of the surrounding dwellings to see if indeed this will not be substantially more detrimental to the neighborhood. At a continued hearing, Mr. O' Neill shows the Board the requested pictures of the neighboring houses. Monomoscoy Island, like many other waterfront communities of Mashpee are continuing to transform from seasonal cottages to year round residences. The applicant maintains that the proposed reconstruction will not be substantially more detrimental to the neighborhood that currently exists. The Board is concerned with the retaining wall and its height. Mr. Mark White, an abutter from 425 Monomoscoy Road,has been present at all of the hearings and is concerned with the proposed structure as well as the retaining wall. Mr. Kirrane informs the Board that a patio is not considered a structure, however, the Board is concerned and would like to do a site visit to see the elevation of the proposed property. After the site visit where the Board compared the grade and height of the proposed dwelling to other abutting structures, they are still concerned over the view from the water. Mr. O'Neill addresses the Board to discuss the vegetative plants and shows pictures of mitigating plants that will soften the exterior of the proposed retaining wall and plans to grade away from the property. The height of the house will be 34.9 feet, which is under the 35-foot maximum height restriction. Mr. Kirrane.and Mr. O'Neil concede to move the boathouse back 10 feet or show and the Board recommends new plans be drawn up before they decide on the matter. At the last hearing, Mr. Kirrane present the new plans showing the boathouse/garage that was moved back 11.5 feet. They also would like to have the applicant maintain the height of his bushes and vegetation so as to minimize interference with Mr. White's view. The applicant agrees to this. The Board again discusses with Mr. Kirrane the difference between Sections 174-17 and 174-20 since so much of this structure is coming down. Mr. Kirrane indicates that he originally filed a special permit request for 174-20 and the Board along with the former building inspector requested hills to file under 174-17. After some discussion, Mr. Kirrane indicated the MGL Chapter 40 A Section 6 would clearly allow him to move forward with the special permit in this